UPDATE: Defendant in Fatal 2011 Accident Found Not Guilty on Two Counts

Update: Nov. 4, 2013

Cumming Patch has learned that Jason Edward Everitt, who was involved in a traffic accident that killed a Snellville woman on May 27, 2011, was found not guilty on two of the three counts he was charged with following the incident.

According to court documents, on June 20, 2013 a jury found Everitt not guilty to homicide by vehicle in the first degree, not guilty to driving under the influence, and guilty to disregarding a traffic control device. 

Editor's Note: See attached PDF file of court documents.

Original Story first published on May 27, 2011 at 2:36 p.m.

A Cumming man has been charged with DUI, first-degree vehicular homicide, and failure to obey a traffic control device in connection with a fatal accident earlier this week.

According to Capt. Mark Hoffman with the Forsyth County Sheriff's Office, 33-year-old Jason Edward Everitt of Cumming was driving a black 2003 black Jeep Grand Cherokee west on Highway 20. As he was approaching the intersection at Georgia 400 (southbound exit), he ran a red light and slammed into another car just before 8 a.m. on Sunday, May 22.

Though the accident occurred at a moderate speed of 45 mph, the impact sent the second car, driven by Carole Stephens Boyd, 58, of Snellville, into the grass median. That is where the 1999 red Toyota Corolla came to a final "uncontrolled rest" in the eastbound lane of Highway 20. Boyd was pronounced dead at the scene, the accident report stated.

Everitt was under the influence of alcohol, Capt. Hoffman said. He agreed to a blood test and was taken to Northside Hospital-Forsyth, but when he got there he refused to take a drug and alcohol test. He was arrested and taken to jail, but was released later in the day after posting a bond set at $21,065.

Hoffman pointed out that there will be many more law enforcement officials out and about this holiday weekend looking for drunk driver's, speeders and people not wearing seatbelts (see story).

"If you're going to be celebrating this weekend, be careful if alcohol is in your plans--have a designated driver," he said. "Do not drink and drive--it's not worth the risk and if you're on the lake on a boat--the same thing applies. Make it a safe weekend so there's no tragedies."